CDU15 v Minister for Immigration

CDU15 (the applicant) sought judicial review of a decision by the Minister for Immigration (the respondent) to refuse to grant a protection visa. The applicant, who had arrived in Australia without a visa, claimed to fear persecution in their country of origin due to their membership of a particular social group. The Minister's delegate had refused the protection visa application, a decision that was affirmed on internal review. The applicant then brought proceedings in the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the delegate's decision had failed to properly consider the applicant's claims regarding their membership of a particular social group and the real risks of persecution they faced. Specifically, the Court was required to determine if the delegate had applied the correct legal test in assessing whether the applicant's claimed group constituted a "particular social group" for the purposes of the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth), and if the delegate had adequately assessed the risk of harm based on that membership.

Judge Driver found that the delegate had made an error of law by failing to properly engage with the evidence and the legal framework surrounding the definition of a "particular social group." The Court held that the delegate had applied an overly narrow interpretation of the concept, failing to consider the broader scope recognised in international and domestic jurisprudence. Consequently, the delegate's assessment of the risk of persecution was tainted by this error. The Court quashed the delegate's decision and remitted the matter to the Minister for redetermination according to law.